1. How long does maternity leave last?

Female employees are entitled to maternity leave for a period of 70 calendar days (84 days in case of a multiple pregnancy) before and 70 calendar days (86 days in case of complications with the birth and 110 days in case of a multiple pregnancy) after childbirth.

2. What rights does a woman have during maternity leave?

Employees on maternity leave are given compensation by the RF State Social Insurance Fund. The maternity leave compensation consists of 100% of the employee's average earnings for the two years preceding the maternity leave.

Pregnant women and those on maternity leave may not be dismissed at the employer's initiative, except in the event that the employer goes into liquidation.

In addition, pregnant women are prohibited from working overtime, night shifts, on weekends and on public holidays.

3. Do fathers have the right to take paternity leave?

Yes, fathers have the right to take paternity leave if the mother of the child has not taken maternity leave. Two parents cannot use paternity/maternity leave simultaneously.1 In addition, the father of a newborn child may take up to five calendar days (as unpaid vacation) upon the birth of the child (Article 128 of the Labor Code).

4. Are there any other rights that employers have to observe?

Parental rights

Mothers, father, guardians, other relatives and persons who are providing care for a child may take parental leave until the child reaches the age of three. The parental leave can be taken in full or in part. In addition, employees can work part-time or at home until the child reaches the age of three (Article 256 of the Labor Code).

Adoption rights

Employees (both male and female) adopting a single child are entitled to leave of up to 70 calendar days, while those adopting two or more children are entitled to up to 110 calendar days. An employee can request unpaid leave until the child (or children) is three years old in this instance.

Carers' rights

A carer is a person who takes care of a sick family member. These employees cannot be forced to work overtime, on public holidays or night shifts, or to go on a business trip without their written consent.

An employer is obliged to establish a part-time working day or a part-time working week at the request of a person who is caring for a sick member of the family.

Ban on the dismissal of so-called "protected employees"

Article 264(4) of the Labor Code protects the following categories of employees from dismissal:

  • Women with a child under three years of age.
  • A single mother2 raising a small child up to the age of 14 (or a disabled child up to the age of 18).
  • A father (or a guardian) raising a child under 14 years of age (or a disabled child under 18 years of age).
  • A parent who is the sole breadwinner of a family with a child under 3 years of age in a family with three or more minors (i.e. up to 14 years of age), if the other parent (other legal representative of the child) is not employed.

Preemptive right to be retained

Persons in a family where there are two or more dependants (i.e. family members who are unable to work and who are fully supported by the working family member, or who receive help from a working family member who is their permanent and main source of income) are preemptively entitled to be retained in their position in the event that the agreement of one employee is to be terminated among several employees with identical positions (Article 179 of the Labor Code).

Footnotes

1 According to the predominant court practice position (e.g. Resolution No. 3-P of the RF Constitutional Court, dated February 6, 2009)

2 According to the clarification of the RF Supreme Court No. 1, dated January 28, 2014, the term "single mother" refers to a woman who is the only person actually performing parental duties in respect of the education and development of her children.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.